SATISH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Whether the decision of the Medical Council of India (for short, the Council) to deny registration to the petitioners under the India Medical Council Act, 1956 (hereinafter referred to as 'the Act') is legally correct and justified is the question which arises for determination in these petitions filed under Article 226 of the Constitution of India.

(2.) For the sake of brevity, we deem it proper to refer to the facts of C.W.P. No. 12011 of 1998.

(3.) After passing 10+2 examination in Medical stream, the petitioners joined one year language course at Tashkent (Uzbekistan) during the academic session 1991-92 because the passing of that course was a condition precedent for admission to the medical course in any of the Universities of the erstwhile U.S.S.R. After passing the language course, the petitioners joined M.D. (General Medicine) in the Section Tashkent State Medical Institute. Tashkent (for short, 'the Institute') in the year 1992. The duration of that course was 6 years. However, the duration of the course was reduced by the Institute from 6 years to 5-1/2 years for the batch to which the petitioners belonged and the course was completed by curtailing the vacations. This had been done in order to enable the local candidates of Uzbekistan to under go six months further training in Military medicine Course which was necessary for compulsory two years service in the Army. At the end of the course, the petitioners were awarded degrees of M.D. by the Institute. Thereafter, they applied for registration under the provisions of the Act but their applications have been rejected in view of the resolution dated 17.9.1997 passed by the Executive Committee of the Council which was approved by its General Body on 23.10.1997.